JCT Home Owner Consultancy Agreent

Building C o n t r a c s Consultancy Agr for a home

Not for use in Scotland

. . . .. .. - , . .. . -. - .. . ~ . . . . ... . .. . ., .. .... . .... . - . ~ . .

,, .

Guidance notes

The documents in thls folder

This fo.der contahs the oocuments we've prepared for peop done by a ouilder but also want a professional consultant. s surveyor or engineer, to give advice and help with yoJr proje to building projects in Eng.and and Wales.The contract sho as it has a different legal system.

One of the documents is an agreement between range 01 sewice.s that he or she can provide for detaileo specifications for the work apply ng fo regulations approval, and inspecting the buila:n

er. I1 cover?. the

Important note: if you do builder, the building cant le.Inthtscaseypu ,:

The If the documents building w o r k l w n e s s in this f er ha been sign for householders you should use and one homeowners. of the

commercial c o n t m b l i

The consultancy agreement

Surveyors Court Westwood Way Coventry CV4 BJE Phone: 020 7222 7000

our building project with you; ow much you want to spend; and n

Engineers Association of Consulting Engineers Alliance House 12 Caxton Street London SW1 H OQL Phone: 020 7222 6557 www.acenet.co.uk

ge the terms under which he or she will provide their professional services to

//n\!! This i s w r e the consultancy agreement in this folder comes in. Ask the consultant to go through the agreement with you and to discuss precisely what is Involved in each of the stages shown in part 1, and the conditions shown in part 2.

When you have both agreed on the services the consultant will provide, he or she will then be able to tell you their fee.

Before you and the consultant sign the agreement, make sure that if the consultant will be dealing with the builder (stage 4 of the services), you agree how often he or she will inspect the work while it is being done.

This contract is for work to be carried out by a building contractor for a home ownerloccupier (the customer) who has appointed a consultant.


OThe Jolnt ConlractsTribunal Urniled 2001

Custom er Name:

Address:

I Contractor

Phone number:

Address of the premises where the work will be do

he customer and the contractor only, but the customer

Consultant

This contract is in two parts: part 1 deals wlth the arrangements for the work; and part 2 gives the conditions.

Wuildmg Contact 2

Part 1 The arrangements for the work

[A] The work to be 1 Give a short description of the work to be done. done

2 A full description of the work to be done is given i below. These are the work details.

2 Contractor's quotation

0 Consultant's drawings

0 Consultant's specification ation:

.d Other documents (P/eas ow whether the consultant or the contract

I the documents and the th his copy of this contract.)

[E] Planning permission, bulldlng regulations and party walls rl work al Ihe premises oetore any planning

can start work before oLild ng regLlations approval is t the local adhority know ar leasr 48 hours before ne

below the facilities which he will allow the contractor to

0 TelephoneAax

0 Water

price for the work shown in the work details is

f (including any VAT).

The contractor will itemise the price and show tha items on which VAT is charged, and at what rate.

The price also includes the contractor's costs of dealing with any unexpected problems which he could have discovered by carrying out a careful inspection of the consultant's documents after visiting the premises.

2

3

Building Conlrscf 3

[E] Payment

[F] The working period

4 if the work details are changed the price will be increased or reduced depending on the changes made. (See condition 5.)

The price for the work shown in the work details, together with all the increases or decreases made to it, will be the total price.

5

1 The customer will pay 95% of the total price no later than 14 days after the consultant has certified that the contractor has finished all t (See condition 8.)

The customer has ticked one of the boxes below to sh amount:

by one payment when ail the work is finishe

c by the agreed instalments shown below, t adjustment for changes to the work, whe the work is finished.

2 The customer 96 of the total price until

se in the work at any time up to

f time for doing the work. The

k no later than

finished within -weeks from a start date to be the customer and the contractor.

will be extended in certain circumstances.

stalled in the work.

1 The customer will tell his household insurers (if any) that he is about to have work done at the premises.

The contractor will have an "ail risks" insurance policy to cover himself and the customer for the full costs of damage to the work and to unfixed materials which are on the premises before being used in the work.

2

4 Building Contract

~ . ...... .. . .. . . . . -. . . .

[I] Worklng hours

[J] Occupatlon and security of the premises

[K] Dlsputes

3 The contractor will have an upto-date public liability policy for death or injury to people and damage to property.

Amount insured for any one claim arising from one event

f

lived in while the work is being done.

3 The premises will be lived in 0 The premises will not be lived in

intruders entering.

I The customer or the cont eedings to settle any

isputes decided within 21 days 'on scheme for this contract

ants a dispute to be decided by adjudication ecialist Contractors Council.

tractor chooses adjudication to decide disputes they , rules and procedures involved will become part of @p and procedures for adjudication me available from

fh foll i g

Royal lnstltute of Britlsh Archltects Contractom Council

66 Podland Piace 56-64 Leonard Street London W1 El 1AD London EC2A4JX

Fax: 020 7307 3754 Fax: 020 7608 5081 E-mall: E-mall: adjudioationQinst.riba.org [email protected]

Natlonal Speclalist

Adjudication Administrator Construction House

CV4 BJE Phone: 020 7307 3649 Phone: 020 7608 5090

Customer's signature:

Contractor's signature:

Date:

Building Contmd 5

Part 2 The conditions

These conditions apply if the consultant is acting for the customer and dealing with the contractor whlle the building work is being done.

1 Contractor's The contractor will do the following. responsibilities (a) Carry out the work set out in the work details carefully, com

consultant instructs. (b) Use materials which are of satisfactory quality and su'

purpose. The materials will be new unless the consult writing.

(c) Start and finish the work within the working per1 (d) Be at the premises regularly to carry out the wor

hours. (e) Not sub-contract any of the work without the c ns Ita s (f) Store away his tools and equipment and ladde ( at @&:;king

dav.

2 Customer's The customer will responsibilitles

bstructions to allow the

rk in an order which he considers

3 The consultant's stomer while the work is being done. He les If necessary, issue a

as been finished, and issue a certificate when role

ive a copy of the certificates he issues to the customer

e contractor disagrees with anything the consultant does, take the matter up with the customer.

tor minimise health and safety risks to the customer and other living in or visiting the premises;

ise environmental disturbance, nuisance or pollution from the work;

6 Building Contract

, . . ..

(b) The customer will: (i) take notice of all warnings the contractor gives about any health and

safety or environmental risks which he is taking measures to prevent or minimise; and

(ii) not knowingly allow people living in or visiting the premises, particularly children, to be exposed to any dangers from the work.

details

contractor agrees the changes, he will quote a pr time involved. The customer will then decide whe changes. If the customer agrees to the changes t contractor.

contractor will make an appropriate (c) If the changes alter the cost of any i

6 Extending the (a) The consultant will extend the working period amount if the contractor:

(i) has to spend extra ti f changes made to the

rising from the working period

7 Certifying to the consultant's reasonable satisfaction finished work

8 Payment ork is finished, or when the consultant certifies that

For 6 years after carrying out the work the contractor will remain responslble for any faults in the work (other than fair wear and tear) which are caused by him.

Building Contract 7

I ..

10 Bringing the (a) If the contractor: contract to an end (i) is not at the premises regularly to carry out the work; or

(ii) is not meeting his health and safety and environmental responsibilities; or (iii) is so incompetent or careless that the work is of an unacceptable

standard and does not correct the matter within 7 days of recelving a written warning from the customer or the consultant, the customer can end this contract by giving the contractor a written notice. The contract will end as soon as that notice is given.

(b) if the customer ends this contract he will only have to pay a the contractor when the work has been finished by anoth

(c) If the customer: (i) does not pay an amount due, without having good (ii) prevents or obstructs the contractor from carrying and does not correct the from the contractor, the contractor can end customer a written notice. The contract will

(d) The contractor can also give the customer wn with immediate effect if the consultant fails or under this contract and the matter contractor reporting this In writing t

(e) If the contractor ends this contract the contract ending, for wor specially for the work and f premises which he allows

materials made materials on the

I

11 Insolvency (a) If the custome t (unabie to pay their

llow the contract to continue. insolvency practitioner

ractor becomes insolvent, n due to the contractor until

each other the costs and to keep to the terms of this

12 Other rightsand remedies expenses

(b) Thi on r contract.

out or limit any other legal remedies which may be o th c stomer or the Contractor.

nl the U o e nd the contractorcan take action to enforce the terms of

13 Lawofthe contract

Wales apply ' to this contract.

8 Building Contract

fora home appointing bu i I d i ng.Fo&ulkqnky&rvi ces

This agreement Is tor a consultant to provide building consultancy services to a home ownerloccupier (the customer).

Not for use In Scotland

erne Joint ContractsTribunal Llmlfed 2001

Customer

Consultant

Name:

Address:

- h

Phone number: \ \

Address of the premises where the building work above:

Name: / I n \

Address: h \ \ *

\

Phone number:

VATthe consultant must tick here. 0

1 deals with the consultant’s services; and

2 consultancy Agreement

Part 1 The consultant's services ~

[A] The services The consultant will provide the services relating to the ticked boxes below. He Will tell the customer what work is involved for each service, and what the customer can expect for the fee the consultant will charge.

Before building work starts

Stage 1

0 Discuss the customer's needs and set a building work.

0 Carty out a basic survey of the site wh advise on what oiher surveys may be n

will take place and

c Produce a sketch pian and giv me and programme forthe building work.

tomer's needs can be met.

ng regulations approval needed,

r wants at stages 2 and 3 and agree consultant to provide services at

e building contract he should use if the consultant is

customer and the basis on which he will charge them

services at this stage. (Please specify.)

ke detalied drawings for the building work.

Apply for planning permission, if necessaty (see [E413 below).

Apply for building regulations approval, if necessaty (see [I313 below).

E. Advise the customer about proceduresfor and costs of getting party wall consents, and give the occupiers of neighbouring properties any party wall notices that are needed.

Consultancy Agreement 3

4

0 Lead and co-ordinate any other consultants appointed by the customer.

0 Provide other services for this stage. (Please specify.)

Sage 3

0 Explain the terms of the building contract and help the details.

0 Provide other services at this stage. (Pleas

Consultancy Agreemen1

__ . .. .. . . I.

[e] Consultant's fees 1 The total of the consultant's fees is f (including any VAT)

The customer will pay in stages as foilows

f- at the end of stage 1.

f at the end of stage 2

at the end of stage 3.


is

an hour (includlng an

The cost of party walls The cost of other CO

The customer must pay

the consultant has agreed to onsultant's fees can be increased

[C] Insurance m amount of professional indemnity

one claim or series of claims arising out of one event.

the customer written confirmation of the professional as in place if the customer wishes to see it.

[D] Dlsputes =or the consultant can start court proceedings to senie any disputes b een them. n

Royal Institution of Chartered Surveyors (RICS), the Royal Institute British Architects (RIBA), or the National Specialist Contractors Council

is as well as the right to go to court.

consultant agrees that if he wants e dispute to be decided by adjudication

that body for an adjudicator.

if the customer or the consultant chooses adjudication to decide disputes they both accept that the cost, rules and procedures involved will become part of this agreement.

4


6

Free details of the cost, rules and procedures for adjudication are available from the fo//owing.

Royal lnstltutlon of Royal Institute of British National Speclallst Chartered S U N ~ ~ O S Architects Contractors Council Dispute Resolution Service Adjudication Administrator Construction House Surveyor Court 66 Portland Place 5 6 6 4 Leonard Street Westwood Way London W1B 1AD London EC2AAIX Coventry CV4 WE Phone: 020 7307 3649 Phone: 020 7608 5090 Phone: 020 7222 7000 Fax: 020 7307 3754 Fax: 020 7334 3802 E-mall: E-mail: [email protected]

Customer's signature:

Consultant's signature:

Consultancy Agreement

... ..


Consultant's responsibilities

Customer's responslbllltles

Changing the servlces

Paying the consultant's fee

(a) The consultant will do the following. (i) Act as the customer's representative. (ii) Carry out the services with reasonable skill, care and attention. (iii) Be fair to both the customer and the contractor when

issuing certificates under the building contract. (iv) Co-operate with any other consultants appolnted (v) Keep to all his legal duties and responsibilities

(b) The consultant will not do the following without th (i) Sub-contract any of the services. (ii) Agree to the contractor subcontracting

' .

(i) Give the consultant any relevant inf

(ii) Consider the advice liii) Allow the consultant

(a) The customer will do the following.

services.

(b) The customerwill not do (i) Interfere with instruc

(ii) Deal with the cont

nges will be dealt with as follows.

or not to go ahead with the changes. s services, the consultant will reduce his

ided ail the sewices required at each stage he will

Consultant's the services the consultant will remain responsible for continuing conseque es of failing to keep to this agreement.

will hold the copyright in any documents he prepares for the the customer and the contractor will each be allowed to have a for the purpose of that building work and any future repair or

Consulfancy Agreemsnl 7

7 Bringing this (a) At any time before the customer and the contractor sign the building contract, the consultant or the customer can end this agreement by giving the other person 7 days' written notice which shows the date the agreement will end. No reason needs to be given for ending the agreement.

(b) When the customer and contractor have signed the building contract the following will apply. (i) If the consultant is not providing the services properly, and does not

correct the matter within 7 days of receiving a written warning from the customer, the customer can end this agreement by giv written notice.The agreement will end as soon as that

prevents or obstructs the consultant from providin not correct the matter within 7 days of receiving a consultant, the consultant can end this agreemen

agreement to an end

(c) If the customer or the consultant becomes ins this agreement will end unless the insolvency suitable arrangement to allow the agreement

consultant's fee for the services sati agreement ends.

8 Other rights and (a) The customer and the consul her the costs and remedies expenses which result from ei to this agreement.

(b) This agreement does not be available to the cust

ion to enforce the terms of

9 Lawofthe The laws of England and agreement

8 Consultancy Agreement

for a home owner/occ who has

This contract Is tor work to be carried out by a building contractor tor e home ownerloccupier (the customer) who has appointed e consultant.

Not tor use in Scotland

OThe Joint Contracts Tribunal Limitsd 2001

Customer

I Contractor

Name:

Address:

Phone number:

Address of the premises where the work will be do

Phone number:

ntractor must tick here. 0

n the customer and the contractor only, but the customer

Consultant

This contract is in two parts: part 1 deals with the arrangements for the work; and part 2 gives the condltlons.

2 Euifding Conlract

Part 1 The arrangements for the work

.. . . .. ..

[A] The work to be 1 Give a short description of the work to be done. done

2 Afull description of the work to be done is given i below. These are the work details.

0 Contractor's quotation

0 Consultant's drawings

0 Consultant's specification ation: A

El Other documents (P/ease how whether the consultant or the contrac

ilh his copy of this contract)

[e] Planning permission, building regulations and party walls rt work at the premises before any planning

consents that are needed have oeen received.

et the loca author ty know at least 48 hoLrs before ne before building regLiations approval is

[C] Using faclliti on the premi

ticked below the faclit es which he wi.1 al ow the contractor to

/.I m + c t r i c i t y 2 Telephoneffax

ashroomhoilet 0 Water

[D Price price for the work shown in the work details is QF (including any VAT).

2 The contractor will itemise the prlce and show the items on which VAT is charged, and at what rate.

The prlce also Includes the contractor's costs of dealing with any unexpected problems which he could have discovered by carrying out a careful inspection of the consultant's documents after visiting the premises.

3

Building Conrmcr 3

[E] Payment I

If the work details are changed the price will be increased or reduced depending on the changes made. (See condition 5.)

The price for the work shown in the work details, together with ail the increases or decreases made to it, will be the total price.

The customer will pay 95% of the total price no later than 14 days after the consultant has certified that the contractor has finished all the

The customer has

(See condition 8.)

amount:

0 by one payment when all the work isfinished; or

0 by the agreed instalments shown adjustment for g stages of the work is finished.

Stage Payment

The 14 days customer after th Q ? b l c o n t r a c t o r 111 n have t ay th maining 5% of the total has price put right until all

the faults he is resp ible and ch rose in the work at any time up to 3 months after it was fin ed. ( con ifion 8.)

[q The working period

for doing the work. The

than - finished within -weeks from a start date to be the customer and the contractor.

ill be extended in certain circumstances.

will give the customer any guarantees issued by the manufacturers talled in the work.

(if any) that he is about to have

2 The contractor will have an "all risks" insurance policy to cover himself and the customer for the full costs of damage to the work and to unfixed materials which are on the premises before being used in the work.

4 Building Contiact

. ~- . .~ .. . . . .. .... . . ... . . . . ... . .

3 The contractor will have an up-to-date public liability policy for death or injuly to people and damage to property.

Amount insured for any one claim arising from one event

The customer will allow the contractor to do pm from Monday to Friday,

The customer has ticked a box below to

and

lived in while the work is being done. 1

[I] Working hours

[Jl Occupation and security of the premises

[K] Disputes

0 The premises will be lived in 0 The premises will not be lived in

intruders entering.

eedings to settle any

2 The customer or th e disputes decided within 21 days tion scheme for this contract

eyors (RICS), the Royal Institute ecialist Contractors Council

wants a dispute to be decided by adjudication Specialist Contractors Council.

rules and procedures involved will become part of this cokract.- / W

mst, rules and procedures for adjudication are awilable from

Royal lnstltute of Brltish National Speciallst Architects Contractors Council

66 Podand Place 56-64 Leonard Street Adjudicalion Administrator Construction House

m ; ; & w a y London W1B 1AD London EC2AAIX CV4 EJE Phone: MO 7307 3649 Phone: MO7608 5090

one 02072227000 Fax: 020 7307 3754 F a : 020 7608 5061 Email: E-mail: adjudlcationQinst.riba.org admlnlstratorQnscc.org.uk

Contractor's signature:

Date:

Building Contract 5

Part 2

1 Contractor’s responslbllities

2 Customer’s responslbllities

3 The consultant‘s role

The conditions

These condltlons apply If the consultant is acting for the customer and dealing with the contractor while the building work Is belng done.

The contractor will do the following. (a) Carry out the work set out in the work details carefully, corn

consultant instructs. (b) Use materials which are of satisfactory quality and suit

purpose. The materials wiil be new unless the consuita writing.

(c) Start and finish the work within the working period o (d) Be at the premises regularly to carry out the WO

hours. (e) Not sub-contract any of the work without the c (f) Store away his tools and equipment and ladd

day. (9) Regulatiy dispose of any rubbish fro (h) Be responsible for any damage he

or to neighbouring properties. (i) Leave the working areas in a cI fj) Keep to all his legal duties and

and its contents

rfinishing the work.

The customer will (a) Give the contr he agreed working hours

bstructions to allow the

rk in an order which he considers

stomer while the work Is being done. He ies if necessary, issue a issue a certificate when

II faults which have appeared in the work at any ed and 3 months after it was finished.

ve a copy of the certificates he issues to the customer

ot create a legal relationship between the consultant and Contractor disagrees with anything the consultant does,

he m t take the matter up with the customer. J-7

weathelproof.

6 Building Contract

(b) The customer will: (i) take notice of all warnings the contractor gives about any health and

safety or environmental risks which he is taking measures to prevent or minimise: and

(ii) not knowingly allow people living in or visiting the premises, particularly children, to be exposed to any dangers from the work.

5 Changlng the work Only the consultant can change the work details on the cust Changes will be dealt with as follows. (a) if the changes increase the amount of work shown

contractor agrees the changes, he will quote a pri time involved. The customer will then decide wh changes. If the customer agrees to the changes contractor.

(b) If the changes reduce the amount of w contractor will make an appropriate

(c) If the changes alter the cost of any it or reducing the amount of work invo price will be made to reflect those c

details

without increasing

6 Extending the (a) The consultant will extend the afairand reasonable working period amount if the contractor:

(i) has to spend extra t

(ii) cannot finish th

f changes made to the

s arising from the working period by the customer or the

7 Certifying to the consultant's reasonable satisfaction finished work date the work finished.

0 Payment ork is finished, or when the consultant certifies that

e customer for 95% of the amount due after taking ease or decrease for changes made to the work

oice WI be itemised and show the rate of VAT charged on each

Is satisfied that the invoice details are correct, the customer ice no later than 14 days after receiving it from the Contractor.

h the contractor is responsible for. n the contractor has put right all the faults shown on the list to the

For 6 years after carrying out the work the contractor will remain responsible for any faults in the work (other than fair wear and tear) which are caused by him.

Building Conlrect 7

10 Bringing the (a) If the contractor: contract to an end (i) is not at the premises regularly to carry out the work; or

(ii) is not meeting his health and safety and environmental responsibilities: or (iii) is so incompetent or careless that the work is of an unacceptable

standard; and does not correct the matter within 7 days of receiving a written warning from the customer or the consultant, the customer can end this contract by giving the contractor a written notice. The contract will end as soon as that notice is given.

(b) If the customer ends this contract he will only have to pay a the contractor when the work has been finished by anoth

(c) If the customer: (i) does not pay an amount due, without having good (ii) prevents or obstructs the contractor from carrying and does not correct the matter within 7 days of rec from the contractor, the contractor can end customer a wlitten notice. The contract will

(d) The contractor can also give the customer with immediate effect if the consultant fails or under this contract end the matter contractor reporting this in writing t

(e) If the contractor ends this contract the contract ending, for wor specially for the work and fo premises which he allows th

materials made materials on the

(unable to pay their

llow the contract to continue.

11 Insolvency

(b) If this contract come

any other legal remedies which may be

12 Other rlghts and remedies

8 Building Contract

nsu ltancy Q) reernentm

This agreement Is for a consultant to provlde bulldlng consultancy services to a home ownerloccupler (the customer).


QThe Jolnt ContractsTribunal Limited 2001

1 Customer

I Consultant

Phone number:

Address of the premises where the building work above:

r VAT the consultant must lick here. c

ant’s services; and

Consultancy Agreement

Part 1 The consultant's services

[A] The servlces The consultant will provide the services relating to the ticked boxes below. He will tell the customer what work is involved for each service, and what the customer can expect for the feethe wnsultant will charge.

Before bulldlng workstarts

Stage 1

C Discuss the customer's needs and set a building work.

0 Carry out a basic survey 01 the site whe will take place and

Produce a sketch plan and giv forthe building work.

U Prepare a letter or writte

0 Advise on whether

time and programme

tomer's needs can be met.

ing regulations approval needed,

er wants at stages 2 and 3 and agree 1s the consultant to provide services at

services at this stage. (Please specify.)

pare a specification for the building work.

3 Apply for planning permission, if necessary (see [Bp below).

0 Apply for building regulations approval, if necessary (see [El3 below).

0 Advise the customer about procedures for and costs of getting party wall consents, and give the occupiers of neighbouring properties any party wall notices that are needed.

Consultancy Agreement 3 I

I i l

A

c] Lead and co-ordinate any other consultants appointed by the customer.

Provide other services for this stage. (Please specify.)

Stage 3

L7 Explain the terms of the building contract and help the details.

0 Get quotations for the building work and help to

0 Explain the consultant's and contractor's and environmental matters

0 Provide other services at this stage.

J After building work has s A A \ -

Stage 4

0 Provide all the

Consullancy Agreement

[E] Consultant's fees 1 The total of the consultant's fees 1s f (Including any VAT).

The customer will pay in stages as follows.

f

f





2 If the customer agrees to have any service charg is

an hour (Includlng a

The local authority's cha building regulations app The cost of party wall su The cost of other cons

The customer must pay

s the consultant has agreed to consultant's fees can be increased

ount of professional indemnity ce to cover his liabilities to the

[C] Insurance

one claim or series of claims arising out of one event.

[D] Disputes

er or the consultant can also have disputes decided within 21 days

ritish Architects (RIEA), or the National Specialist Contractors Council CC).This is as well as the right to go to court.

consultant agrees that if he wants a dispute to be decided by adjudication he Is a member of one of the bodies set out in 2 above, he will not apply to body for an adjudicator.

4 If the customer or the consultant chooses adjudication to decide disputes they both accept that the cost, rules and procedures involved will become part of this agreement.


Free details of the cost, rules and procedures for adjudication are available from the following.

~ o y a l Institution of Royal lnstltule of British National Speclallet Challarad Suwayors Architects Contractors Councll Dispute Resolution Servlce Adjudication Administrator COnStruCtiOn House

56-64 Leonard Street surveyor court Westwood Way Coventry CV4 N E Phone: 020 7222 7D00 Fax: 020 7334 3802 E-mail: E-mail: [email protected] adjudication8inst.riba.o~

66 Poriland Place London W1B 1AD London EC2A4JX Phone: 020 7307 3649 Fax: MO 7307 3754

Phone: 020 7608 5090

Customer’s signature:

Consultant‘s signature:

consultancy Agreement

‘ I

.. . . . . - . . -. . ... ... -.


Consultant’s responslbllltles

Customer’s responslbilities

Changing the services

Paying the consultant’s fee

(a) The consultant will do the following. (i) Act as the customer’s representative. (ii) Carly out the services with reasonable skill, care and attention. (iii) Be fair to both the customer and the contrac

(iv) Co-operate with any other consultants appo (v) Keep to all his legal duties and responsibiliti

(b) The consultant will not do the following without t (i) Sub-contract any of the services. (ii) Agree to the contractor subcontracting any

issuing certificates under the building contract.

(i) Give the consultant any relevant in services.

(ii) Considerthe advice th (iii) Allow the consultant

(b) The customer will not do (i) lntelfere with instruc

(a) The customer will do the following.

consuitant. (ii) Deal with the

nges will be dealt with as follows. ices, the consultant will tell the

arge. The consultant must do this or not to go ahead with the changes.

s services, the consultant will reduce his

vided ail the services required at each stage he will for his fee (includinq any VAT) for that stage. The

amount no later thHn i4 days from the date of the

Consultant‘s roviding the services the consultant will remain responsible for of failing to keep to this agreement. continuing

responsibilit

any documents he prepares for the contractor will each be allowed to have a

of them only for the purpose of that building work and any future repair or

Consultancy Agreemenl 7

7 BringingMis (a) At any time before the customer and the contractor sign the building contract, the consultant or the customer can end this agreement by giving the other person 7 days'written notice which shows the date the agreement will end. No reason needs to be given for ending the agreement.

(b) When the customer and contractor have signed the building contract the following will apply. (i) If the consultant is not providing the services properly, and does not

correct the matter within 7 days of receiving a written warning from the customer, the customer can end this agreement b written notice.The agreement will end as soon as

(ii) If the customer does not pay the consultant's fees prevents or obstructs the consultant from provldin not correct the matter within 7 days of rece consultant, the consultant can end this agr written notice.The agreement will end as s

agreement to an end

(c) If the customer or the consultant becomes in this agreement will end unless the insolvency suitable arrangement to allow the agreement

(d) If this agreement comes to an end, the custo consultant's fee for the services satisfactoril nw agreement ends.

8 Other rights and (a) The customer and the consult er the costs and remedies expenses which result from s agreement.

(b) This agreement does not ru be available to the custo

dies which may

ion to enforce the terms of

Consultancy Agresmenf

. . . . . _. - __

Guidance notes continued

The building contract The building contract in this folder is for use between you a when a consultant is dealing with the builder on your behal explain how the contract works andhis or her role.

It is vital that you choose a good and reputable bu' personal recommendations, but you can ask the c work and suggest a builder as part of his or her You may also get lists of builders in your areafr

Construction Confederation Construction House 56-64 Leonard Street London EC2A 4LT Phone: 020 7608 5000 www.thecc.org.uk

Disputes

You will obviously want to but remember that if the c instructions ab builder by the

nzwork is being done properly, builder for you, all the

ake to It should be given to the

that you can't settle, the agreement go to courl. Adjudication is also between you and the builder.

V

Right to cancel

to cancel, get in touch with your

Building Contract and Consultancy Agreement

I

About these documents

0 For use by householders who want to appoin (architect; surveyor, engineer) and a builder improvements, such as extensions or alte

0 Easy to understand and without

Gained Plain English

Contents Bulldlng 2 copies: one Cont ;>%:de e I

Consultancy A 2 copies: one ach f r the c er and consultant

About the JCT Tribunal (JCT) is a long established and representing all parts of the construction listed below.The JCT produces a variety of used throughout the industry.

the Consultancy Agreement in this pack er additions to the range and, like the others, are designed to

Issued byThe Joint CantraclsTribuna Limited

Members Assoclallon 01 Conbulllng Engineers Lhlted Brlllsh Properly Federation Limited Cons1~Uc1Icm Confederation Loca Government Associalion NaUonai Spialist mmaors~~ccunal U d l e d R q a i InstlMe of BdUsh Aidlitem The R q a i lnstinnion 01 Chailared Surveyors

PuMlshed for the JCT LY AlBA COmpnlQS Lld, which tradw underlhe name of RlBA Publications. 1 3 pufledn Street, London ECIY BNA

OThe Join1 MntradiMbunal Limited ZW1

Printed In Great BrlWn

The ScolUsh Building ConUsUc1Comrnlnee 12.01 E D C B A cadS:zi746

JCT Home Owner Consultancy Agreent

Documents

Transcript of JCT Home Owner Consultancy Agreent